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THE LAW REFORM COMMISSION OF HONG KONG - page 350 / 360

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relevant to the weight it should give to the child's wishes;

(b)the nature of the relationship of the child with each of the child's parents and with other persons;

(c)the likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from:

(i)either of his or her parents; or

(ii)any other child, or other person, with whom he or she has been living;

(d)the practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with both parents on a regular basis;

(e)the capacity of each parent, or of any other person, to provide for the needs of the child, including emotional and intellectual needs;

(f)the child's maturity, sex and background (including any need to maintain a connection with the lifestyle, culture and traditions of Aboriginal peoples or Torres Strait Islanders) and any other characteristics of the child that the court thinks are relevant;

(g)the need to protect the child from physical or psychological harm caused, or that may be caused, by:

(i)being subjected or exposed to abuse, ill-treatment, violence or other behaviour; or

(ii)being directly or indirectly exposed to abuse, ill-treatment, violence or other behaviour that is directed towards, or may affect, another person;

(h)the attitude to the child, and to the responsibilities of parenthood, demonstrated by each of the child's parents;

(i)any family violence involving the child or a member of the child's family;

(j)any family violence order that applies to the child or a member of the child's family;

(k)whether it would be preferable to make the order that would be least likely to lead to the institution of further proceedings in relation to the child;

(l)any other fact or circumstance that the court thinks is relevant.

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